TOWN OF GRANBY
PLANNING AND ZONING COMMISSION
MINUTES
NOVEMBER 10, 2009
Present: Paula Johnson, Chairwoman, Daniel P. Brown, Jr., Margaret Chapple, Charles Kraiza, Paul Lambert, James Sansone and Linda Spevacek. Francis Armentano, Director of Community Development.
The meeting opened at 7:00 p.m.
Public session: There was no public comment.
Minutes:
ON A MOTION by Paul Lambert, seconded by James Sansone, the Commission voted to approve the minutes of October 27, 2009. All approved. Paula Johnson abstained.
Charles Kraiza entered at 7:03 p.m.
Old Business:
The Commission held a discussion and considered possible conditions of approval for a 10-lot subdivision for property located at 100 Lost Acres Road, File Z-7-09.
ON A MOTION by Put Brown, seconded by Paul Lambert, the Commission voted to approve the application for a 10-lot FRD special permit and subdivision for property located at 100 Lost Acres Road, File Z-7-09, as outlined in the Proposed Subdivision maps, Sheets 1-13, Titled Clemons Spring, prepared for Lost Acres Properties, LLC, dated 5/07/09 and revised through 10/9/09, by Denno Land Surveying, with the following conditions:
1. The mylars shall not be executed and filed until such time that a cash bond in an amount established by the Commission, which guarantees the completion of all required improvements is submitted to the Town, or upon the establishment of a Security Agreement in accordance with Section 7 of the Subdivision Regulations plus a 10% cash bond.
2. The final mylar shall be modified to comply with the requirements outlined herein, prior to execution by the Commission.
3. The permanent preservation of the open space must be accomplished in accordance with Section 8.20.9.2 through 8.20.9.4 of the Zoning Regulations. The permanent preservation, as outlined therein, must be completed by November 11, 2010, or the subdivision is null and void. No lot may be transferred nor building permit issued prior to the permanent preservation of the open space as outlined above.
4. All lots in this subdivision shall be granted a scenic easement over the open space within the subdivision, requiring that the open space remain open space in accordance with the regulations. A note to this effect shall be placed on the subdivision map.
5. The Street Name for the proposed road shall be Clemons Spring Road.
6. The final design and construction of the private road must be in compliance with Section 4.16 of the Subdivision Regulations. The written agreement, which provides for the permanent, cooperative maintenance of the private street shall be approved by the Director of Community Development and filed on the Land Records of the Granby Town Clerk prior to the sale of any lot located along the private street.
7. The final mylar of the subdivision shall contain a note, which clearly states that “the private street will not be owned by the Town and all maintenance, repair and services, such as snow removal, sanding and sweeping of the street, will be the responsibility of the abutting landowners.”
8. At the direction of the Superintendent of Public Works, an area for refuse and recyclable container storage and pick-up shall be established on the private road.
9. The final mylar of the subdivision shall contain a note which states that “School bus pickup and postal delivery may not be provided along the private street.” The developer is encouraged to install a mailbox cluster for the homes located along the private street as necessary.
10. Erosion and sedimentation control measures must be installed as depicted on the subject maps and maintained during the construction period and until such time that the soil is permanently stabilized. The Town Engineer may require additional erosion and sedimentation control measures as necessary.
11. No Certificate of Occupancy shall be issued for any lot until such time that the private road is completed to the placement of the base course of bituminous concrete.
12. All driveways shall be designed and constructed in conformance with Section 4.13 of the Subdivision Regulations.
13. The final subdivision map shall clearly state that all utilities shall be underground including utilities necessary to service those lots accessed by private roads and drives.
14. The applicant shall reimburse the Town of Granby for all payments made to the Town Engineer for monitoring the construction for compliance with this approval. The applicant will reimburse the Town at a rate of $110 per hour for the services of the Town Engineer. The applicant shall deposit with the Town of Granby the sum of $3,000 to be applied to the costs as described herein. Should the costs exceed this amount the applicant will be billed for the difference. Any funds not used for the project will be remitted to the applicant at the conclusion of the project. As used in this condition, the term Town Engineer includes any person or firm so designated by the Town Engineer or the Director of Community Development.
15. It is understood that the applicant will work with the LAFD Fire Chief in an effort to facilitate the transportation and delivery of water to the site for fire protection services.
All approved. Charles Kraiza abstained.
ON A MOTION by James Sansone, seconded by Linda Spevacek, the Commission voted to waive the requirements of Section 4.16.5 and allow the 10 lots on a private street as proposed. All approved. Charles Kraiza abstained.
The Commission identified the following reasons for the approval:
Compliance with various Sections of the Plan of Conservation and Development.
Compliance with the Zoning and Subdivision Regulations.
The linkage of the proposed open space with existing open space and the establishment of preserved agricultural land.
The Commission held a discussion of an application seeking a renewal of an Earth Excavation Permit for property located at 359 North Granby Road, Hayes property, File Z-9-09.
ON A MOTION by Linda Spevacek, seconded by Paul Lambert, the Commission voted to approve an application seeking a renewal of an Earth Excavation Permit for property located at 359 North Granby Road, Hayes property, as outlined in the Site map of excavation areas, identified as exhibit A and the Operation Plan, identified as exhibit B, File Z-9-09, with the following conditions:
1. Erosion and sedimentation control measures shall be installed and maintained under the direction of the Town Engineer.
2. The permit shall expire on 11/30/11.
3. Only the existing curb cut may be used by trucks entering and exiting the site.
4. The operation shall be in accordance with Section 9.0 of the Zoning Regulations except as further restricted within the Operation Plan identified as Exhibit B.
5. The applicant shall make a reasonable attempt to limit hauling from the site after 3:00 p.m. The Commission reserves the right to modify this condition, following a public hearing, should the amount of activity that occurs after 3:00 p.m. prove to be a continuing annoyance to the surrounding neighborhood.
6. Adequate measures shall be taken to minimize the tracking of dirt onto the public roadway and the road shall be regularly swept of any dirt that accumulates on the roadway.
The Commission identified the following reasons for the approval:
Compliance with the Zoning Regulations.
Compliance with the criteria for a Special Permit as approved.
The applicant continues to operate in a reasonable manner and the Town has not received any complaints.
All approved. Paula Johnson abstained.
The Commission held a discussion of an application for Earth Excavation for property located at 125 North Granby Road, File Z-2-09.
ON A MOTION by Paul Lambert, seconded by Linda Spevacek, the Commission voted to approve an application for Earth Excavation for property located at 125 North Granby Road, as outlined in the Topographic Survey, dated 10/15/09, prepared by Henry Cotton and Associates, with proposed contours and identified as Exhibit A, 10-27-09, File Z-2-09, with the following conditions:
1. The approval permits the re-grading of the lot and the removal of soil as outlined within the above referenced map, except that no excavation will be permitted within 40 feet of the rear property line. The contour lines above 236 feet shall be adjusted to meet this requirement. The 40 foot setback shall be staked on the site to the satisfaction of Director of Community Development.
2. The operation shall be in accordance with Section 9.0 of the Zoning Regulations except as modified herein.
3. The permit shall expire on June 15, 2010. All excavation, grading and removal of soil shall be completed by April 1, 2010.
4. As presented at the meeting, it is understood that Simscroft-Echo Farms will be the contractor responsible for the excavation, grading, removal and restoration of the site. A Simscroft-Echo Farms representative shall notify the Director of Community Development at least 1 week prior to the start of construction. The operation shall not start until such time that a Letter to Proceed has been issued by the Director of Community Development. The removal of earth material from the site shall be completed within 45 days from the start of removal.
5. The site shall be restored; final grades established, top soil spread and grass planted, no later than June 15, 2010.
6. The operation shall not commence before 7:30 a.m. and terminate not later than 4:00 p.m. No operations are permitted on Saturday, Sunday or Federal Holidays.
7. All trucks leaving the site shall proceed south on Route 189.
8. The applicant is required to install additional erosion and sedimentation controls at the direction of the Town Engineer.
9. Adequate measures shall be taken to minimize the tracking of dirt onto the public roadway and the road shall be regularly swept of any dirt that accumulates on the roadway.
10. The State DOT shall be notified and permits obtained as necessary prior to the start of the operation.
The Commission identified the following reasons for the approval:
Compliance with the Zoning Regulations.
Compliance with the criteria for a Special Permit as approved
All approved. Paula Johnson abstained.
New Business:
Chairwoman Johnson publicly thanked Put Brown for his 36 years of dedicated service to our community as a member of the Planning and Zoning Commission. She read a verse which is attached and made a part of these minutes.
Receive applications:
281 Salmon Brook Street, Special Permit – Public hearing December 8, 2009
9-lot subdivision Day Street, FRD 9-lot subdivision – Public hearing December 8, 2009
Staff Reports and Correspondence:
Fran reported that the Canton Road sewer construction is progressing well. He reported that the Cambridge House, 357 Salmon Brook Street recently sold. Also, the former Autos of CT North property, 541 Salmon Brook Street, sold and the new owners have begun making improvements to the building. Fran also noted that façade improvements are being made to the building located at 520 Salmon Brook Street, Pierce property.
Commission discussion of items of interest or concern:
Jim Sansone expressed concern on the poor condition of the fire damaged building located at 257 North Granby Road.
The November 24, 2009 Planning and Zoning Commission meeting is canceled.
The meeting adjourned at 8:03 p.m.
Respectfully submitted,
Dorcus S. Forsyth
Recording Secretary
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